| Sumario: | This article deals with comments on why transcripts in the Kobe Bryant rape case that were mistakenly electronically mailed to news organizations were kept sealed in the first place. In September 2003, a document disclosing the name of Bryant's accuser was posted on the Internet. Then in June 2004, transcripts of pretrial hearings held in secret were accidentally electronically mailed to seven media organizations. Within a few hours, those same news outlets received an order from the court directing them to delete and destroy any copies and not reveal any contents thereof, or be subject to contempt of court. Most journalists and media lawyers would argue that it does. But although the U.S. Supreme Court has not yet upheld a prior restraint on the news media, the high court has never ruled out the possibility that it might, if the case were compelling enough. And the federal circuits have allegedly split on whether a news organization may violate even a transparently unconstitutional gag order with impunity, or whether it must wait for an appellate court to strike it down or face contempt. Rather than take a chance, the media asked the Colorado Supreme Court to set aside Colorado District Court Judge W. Terry Ruckriegle's order. And less than a month later, lightning quick by judicial standards, an eternity in the current 24/7 news environment, the state's highest court, in a split decision, declined to do so.
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